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Patna High CourtCR. MISC./83522/2023bail granted

Dilbaso Devi @ Dilwasho Devi v. The State Of Bihar

2024-08-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83522 of 2023 Arising Out of PS. Case No.-697 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== DILBASO DEVI @ DILWASHO DEVI W/o Manu Paswan @ Manu Kumar R/o village-Gausganj, P.S-Ara Town, District-Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate Mr. Prabhat Kumar Singh, Advocate Ms. Priya, Advocate For the Opposite Party/s :

Mr. Sharda Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 21 (b) of NDPS Act.

3. As per the prosecution case , on the alleged date and time of occurrence , informant along with other police personnel, on a secret information , conducted raid in the house of co-accused Manu Paswan from where 95 puriya , weighing machine (electronic) and 47 gram Heroine (illegal incriminating article) were recovered and the name of this petitioner was disclosed by person who was apprehended on the spot.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.83522 of 2023(5) dt.27-08-2024 2/2 petitioner has falsely been implicated in this case on on the basis of confessional statement of the co-accused who was apprehended on the spot. No incriminating article has been recovered from the conscious possession of this petitioner . Neither petitioner was present at the spot nor she is connected with aforesaid recovery . Petitioner is lady and claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Bhojpur at Ara in connection with Ara Nagar P.S. case No. 697 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T